[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2086 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2086

              To provide emergency agriculture assistance.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 10, 2002

  Mr. Baucus introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
              To provide emergency agriculture assistance.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Agriculture Assistance Act 
of 2002''.

SEC. 2. INCOME LOSS ASSISTANCE.

    (a) In General.--The Secretary of Agriculture (referred to in this 
Act as the ``Secretary'') shall use $1,800,000,000 of funds of the 
Commodity Credit Corporation to make emergency financial assistance 
available to producers on a farm that have incurred qualifying income 
losses in calendar year 2001, including losses due to army worms.
    (b) Administration.--The Secretary shall make assistance available 
under this section in the same manner as provided under section 815 of 
the Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 
Stat. 1549A-55), including using the same loss thresholds for the 
quantity and economic losses as were used in administering that 
section.
    (c) Use of Funds for Cash Payments.--The Secretary may use funds 
made available under this section to make, in a manner consistent with 
this section, cash payments not for crop disasters, but for income loss 
to carry out the purposes of this section.

SEC. 3. LIVESTOCK ASSISTANCE PROGRAM.

    (a) In General.--The Secretary shall use $500,000,000 of the funds 
of the Commodity Credit Corporation to make and administer payments for 
livestock losses to producers for 2001 losses in a county that has 
received an emergency designation by the President or the Secretary 
after January 1, 2001, of which $12,000,000 shall be made available for 
the American Indian livestock program under section 806 of the 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 
Stat. 1549A-51).
    (b) Administration.--The Secretary shall make assistance available 
under this section in the same manner as provided under section 806 of 
the Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act, 2001 (Public Law 105-277; 114 
Stat. 1549A-51).

SEC. 4. MARKET LOSS ASSISTANCE FOR APPLE PRODUCERS.

    (a) In General.--The Secretary of Agriculture shall use 
$100,000,000 of funds of the Commodity Credit Corporation for fiscal 
year 2002 to make payments to apple producers, as soon as practicable 
after the date of enactment of this Act, for the loss of markets during 
the 2000 crop year.
    (b) Payment Quantity.--A payment to the producers on a farm for the 
2000 crop year under this section shall be made on the lesser of--
            (1) the quantity of apples produced by the producers on the 
        farm during the 2000 crop year; or
            (2) 5,000,000 pounds of apples.
    (c) Limitations.--The Secretary shall not establish a payment 
limitation, or income eligibility limitation, with respect to payments 
made under this section.

SEC. 5. COMMODITY CREDIT CORPORATION.

    The Secretary shall use the funds, facilities, and authorities of 
the Commodity Credit Corporation to carry out this Act.

SEC. 6. ADMINISTRATIVE EXPENSES.

    (a) In General.--In addition to funds otherwise available, not 
later than 30 days after the date of enactment of this Act, out of any 
funds in the Treasury not otherwise appropriated, the Secretary of the 
Treasury shall transfer to the Secretary of Agriculture to pay the 
salaries and expenses of the Department of Agriculture in carrying out 
this Act $50,000,000, to remain available until expended.
    (b) Receipt and Acceptance.--The Secretary shall be entitled to 
receive, shall accept, and shall use to carry out this Act the funds 
transferred under subsection (a), without further appropriation.

SEC. 7. REGULATIONS.

    (a) In General.--The Secretary may promulgate such regulations as 
are necessary to implement this Act.
    (b) Procedure.--The promulgation of the regulations and 
administration of this Act shall be made without regard to--
            (1) the notice and comment provisions of section 553 of 
        title 5, United States Code;
            (2) the Statement of Policy of the Secretary of Agriculture 
        effective July 24, 1971 (36 Fed. Reg. 13804), relating to 
        notices of proposed rulemaking and public participation in 
        rulemaking; and
            (3) chapter 35 of title 44, United States Code (commonly 
        known as the ``Paperwork Reduction Act'').
    (c) Congressional Review of Agency Rulemaking.--In carrying out 
this section, the Secretary shall use the authority provided under 
section 808 of title 5, United States Code.

SEC. 8. EMERGENCY REQUIREMENT.

    The entire amount necessary to carry out this Act is designated by 
Congress as an emergency requirement pursuant to section 252(e) of the 
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
901(e)).
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